Term: Regulation
What is a Regulation?
A regulation is a binding legislative act. It must be applied in its entirety across the EU. For example, the EU general data protection regulation (GDPR) governs how the personal data of individuals in the EU may be processed and transferred.
Key Characteristics:
- Immediately applicable and enforceable by law in all Member States
- As good practice, Member States issue national legislation that defines the competent national authorities, inspection and sanctions on the subject matter
- Ensures uniform application of EU law in all Member States
- Supersedes national laws dealing with the same subject matter
- Creates rights and obligations for individuals that national courts must recognize
Implementation Process:
- The EU adopts a Regulation
- It automatically becomes part of the national legal system of each Member State
- Member States may need to modify or repeal national laws to avoid conflicts with the Regulation
- Member States often enact complementary legislation to ensure smooth implementation
Regulation vs. Directive: Key Differences
| Aspect | EU Directive | EU Regulation |
|---|---|---|
| Application | Requires national implementation | Directly applicable |
| Flexibility | Allows for adaptation to national contexts | Uniform across all Member States |
| Timeline | Implementation deadline set in the Directive | Immediately applicable upon entry into force |
| National legislation | Requires new or amended national laws | May require complementary national legislation |
| Enforcement | Enforced through national laws | Directly enforced as EU law |
| Uniformity | May result in variations between Member States | Ensures uniform application across the EU |